FILED: QUEENS COUNTY CLERK 02/06/2019 04:09 PM INDEX NO.

719631/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/06/2019

, geh-iho
\ • ...::;ii4f ......;;
vs.., tiet An IAS Part 35 of the Supreme Court of the State of
OA.4 ithint• -• ---- New York, held in and for the County of Queens, at
the courthouse at 88-11 Sutphin, Blvd:, Jamaica, New
p
a York, on the Gs' day tif February 2019.
HON. TIMOTHYI DLIFFIG"
PRESENT: Hon.:

X Index No.: 719631/2018

DARWIN INIGUEZ,

Plaintiff, ORDER TO
-against- SHOW CAUSE

CARE AT HOME, LLC., M8cC CONTRACTING/

REN CORP., and MESIAS CEDILLO VASQUEZ,

Defendants,
X

Upon reading of annexed Affidavit from DARWIN INIGUEZ, a plaintiff in this action,

Affirmation from Roman J. Shalch, Esq., attorney for the plaintiff, and upon all the pleadings,

proceedings, exhibits had herein, and sufficient cause appearing therefore, it is

LET the defendant, CARE AT HOME, LLC., ("CARE AT HOME"), show cause at LAS
4
Part 9 f this Court, to be held at the Courthouse located at 88-11 Sutphin Blvd.,
, Room 3o

Jamaica, New York, on the so day of fiftze

, 2019, at 9:30 am, in the forenoon of that day, or

as soon as thereafter as counsel can be heard, why an Order should not be made and entered as

follows:

1. Enjoining the defendant, CARE AT HOME, its officers, employees, servants, agents,
affiliates, subsidiaries from encoumbering, selling, transferring, or conveying by any
means a property known as 32 Aster Avenue, Merrick, New York 11566 ( Section 50;
Block 354; Lot 13), County of Nassau, State of New York; or in alternative,

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FILED: QUEENS COUNTY CLERK 02/06/2019 04:09 PM INDEX NO. 719631/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/06/2019

2. Granting the plaintiff, DARWIN INIGUEZ, leave to record Ifs pendes against the
known as 32 Aster Avenue, Merrick, New York 11566 (Section 50; Block 354; Lot 13),
County of Nassau, State of New York; or in alternative,
3. Direct the defendant, CARE AT HOME, in the event of the sale of the premises known
as 32 Aster Avenue, Merrick, New York 11566 (Section 50; Block 354; Lot 13), County
of Nassau, State of New York, deposit the proceeds of the said sale in an escrow
account, with the financial institution of this Court's election, pending the outcome of
the Underlining personal injury action.
IT BEING alleged in the aforesaid papers that temporary relief is necessary to prevent

irreparable harm to defendant pending the hearing and determination of the within application for

preliminary injtinction under CPLR 6301 and 6311 to enjoin defendant, CARE AT HOME, as

stated above is further

4NO ORDERED that pending the hearing of this motion, plaintiff is temporarily enjoined and

restrained as follows:

1. Enjoining the defendant, CARE AT HOME, its officers, employees, servants, agents,
affiliates, subsidiaries from encumbering, selling, transferring, or conveying by any
means a property known as 32 Aster Avenue, Merrick, New York 11566 ( Section 50;
Block 354; Lot 13), County of Nassau, State of Netv York; or in alternative,
2. Granting the plaintiff, DARWIN INIGUEZ, leave to record Ifs pendes against the
known as 32 Aster Avenue, Merrick, New York 11566 (Section 50; Block 354; Lot 13),
County of Nassau, State of New York; or in alternative,
3. Direct the defendant, CARE AT HOME, in the event of the sale of the premises known
as 32 Aster Avenue, Merrick, New York 11566 (Section 50; Block 354; Lot 13), County
of Nassau, State of New York, deposit the proceeds of the said sale in an escrow
account, with the financial institution of this Court's election, pending the outcome of
the underlining personal injury action.

EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D

f EXHIBIT E
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FILED: QUEENS COUNTY CLERK 02/06/2019 04:09 PM INDEX NO. 719631/2018
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/06/2019

- - ,

ORDERED that service of a copy of this Order and the paper upon which it is madevia--
00 kR 4116 ebtitaitut
t, CARE AT HOME, at their.principal place of business, to wit 445
1'
Broadhollow Road, Suite CL-10, Melville, New York , on or before Feb •
,2019 shall

be deemed good and sufficient service.

ENTER

HON. TIMOTHY' DUFFICY

FILED

FEB 0 6 2019
COUNTY CLERK
QUEENS COUNTY

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